Oakland Rent Control

The City of Oakland's tenant protections are governed by the Rent Adjustment Ordinance (RAO) and the Just Cause for Eviction Ordinance (JCEO), which together form one of the most comprehensive rent control systems in California.

The City of Oakland's protections are administered by the Rent Adjustment Program (RAP). These ordinances limit annual rent increases, restrict evictions to specific legal reasons, and provide a formal mediation and petition process for tenants.

Who is Covered by the Ordinances?

Oakland's Rent Control and Just Cause protections have different coverage criteria, with Just Cause being significantly broader.

RENT STABILIZATION (RENT CAPS)

Rent caps generally apply to:

  • Most units in residential buildings with two or more units built before January 1, 1983.

  • Key Exemptions (Not Covered by Rent Caps):

    • Units in buildings constructed after January 1, 1983.

    • Single-family homes and condominiums.

    • Units where a new tenancy starts (known as "vacancy decontrol" under state law, allowing the landlord to set the initial rent to market rate).

Just Cause Eviction Protections

Oakland's Just Cause protections are extensive. They apply to nearly all residential rental units in Oakland that had a Certificate of Occupancy issued more than 10 years ago, including single-family homes, RVs, and tiny homes on wheels.

  • Key Exemption: Newly constructed units (built from the ground up) with a certificate of occupancy issued within the past 10 years.

  • Shared Living: Owner-occupied units where the owner of record regularly shares use of the kitchen or bath with the tenants.

Rent Increases and the Rent Adjustment Program (RAP)

For rent-controlled units, a landlord's ability to raise the rent annually is strictly limited.

The Annual General Rent Increase (CPI)

  • Annual Cap: A landlord can increase rent only once in a 12-month period by the Annual General Rent Increase, which is based on the regional Consumer Price Index (CPI).

  • First Increase: The first increase cannot be effective any earlier than 12 months after you moved in.

  • RAP Notice Requirement: No increase can be imposed until at least six months after you were first served with the RAP Notice (Notice of Existence of the Residential Rent Adjustment Program).

Banking (Deferred Increases) & New Amendments

"Banking" allows a landlord to save unused portions of the annual CPI increases from previous years and apply them later. New City Council amendments are changing the rules on banking, as of January 1, 2026:

  • Limited Banking Term: Banking will be limited to five years (instead of the current ten-year expiration term).

  • Transfer Prohibition: Banking cannot be transferred to a new property owner, except through inheritance between spouses or immediate family members who own the property for at least one year.

Business Tax & Rent Increase Requirements (Crucial New Rules)

Starting April 15, 2025, a landlord will be prohibited from issuing any rent increase if they are delinquent on business taxes as of April 30th. Landlords must attach specific documents to the rent increase notice:

  • CPI-Only Increase: Landlord must provide a copy of a current Business Tax Certificate or a copy of a payment plan for delinquent taxes.

  • Increase with Banking: Landlord must provide a copy of a current Business Tax Certificate (a payment plan is not sufficient).

Challenging a Rent Increase (Tenant Petitions)

If you believe your rent increase is unlawful, you can challenge it by filing a petition with the RAP:

  • The deadline for tenants to file a petition challenging an unlawful rent increase was extended from 90 days to 180 days from the date the landlord serves the rent increase notice.

  • Rent Decrease Petitions: You can petition for a rent decrease if your landlord takes away housing services or fails to make major repairs necessary for a habitable unit.

Rent Increases Above the CPI Cap

A landlord must file a petition with the RAP and receive approval to increase the rent above the CPI rate based on one of the following justifications:

  • Capital Improvements: To reimburse for property improvements that benefit tenants (limited to 70% of the cost amortized over its useful life).

  • Increased Housing Service Costs (Operating Expenses): Based on increased costs for items like utilities, maintenance, insurance, or property management (this replaces the CPI increase).

  • Uninsured Repair Costs (from disaster or casualty loss).

  • Fair Return: To ensure the property provides a fair rate of return (this also replaces the CPI increase).

  • Additional Occupant: Up to a 5% rent increase for each non-immediate family member added to the unit (must be reversed when the person moves out).

JUST CAUSE EVICTION PROTECTIONS

In covered units, your landlord must have one of ten specific legal reasons to evict you.

No-Fault Evictions & Business Tax Prohibition (Crucial New Rule)

Starting December 24, 2024, no-fault evictions (Owner Move-In or Substantial Repairs) will be prohibited for any owner who is delinquent on their business taxes.

For any no-fault eviction notice (effective Dec 24, 2024), the landlord must provide a copy of the current Business Tax Certificate and a statement informing you of the limitations on evictions for delinquent owners.

  • Owner/Relative Move-In (OMI): The owner or relative must move in within three months and reside in the unit for at least 36 consecutive months (3 years). Only one unit in a building may ever be evicted for OMI.

  • Temporary Substantial Repairs: Must obtain all necessary permits, repairs must be necessary for health/safety, and displacement cannot be for more than three months (unless extended by the Rent Board).

  • Ellis Act (Remove from Market): The landlord seeks to permanently remove all units in the building from the rental market.

Protections for Vulnerable Tenants

  • Protected from OMI: A landlord may not evict you for OMI if you are 60 years or older or disabled (as defined by Gov. Code §12926) and have lived in the unit for five years or more.

  • Eviction During School Year: Evictions for OMI or substantial repairs are prohibited during the regular school year if a child under 18 who is enrolled in school, or an educator, lives in the unit and has been there for at least 90 days.

  • Ellis Act Extended Notice: Tenants who are 62 or older or disabled and have resided in the unit for more than one year are entitled to a minimum one-year notice for an Ellis Act eviction.

Relocation Assistance and Roommate Rules

Mandatory Relocation Benefits

Permanent relocation payments are required for Ellis Act and Owner/Relative Move-In evictions. Payments are provided per household, not per tenant, and are tiered based on the length of occupancy:

  • Less than 1 year: 1/3 of the full amount.

  • 1 to 2 years: 2/3 of the full amount.

  • 2 years or more: 100% of the full amount.

Households with a disabled, elderly (62+), or lower-income tenant, or a minor child, are entitled to a single additional payment of $2,500. Check the City's website for current benefit amounts.

Roommate Rights

  • One-for-One Replacement: You have the right to a one-on-one replacement of a departing roommate, and the landlord cannot increase the rent or unreasonably deny the request (likely deemed approved if not responded to within 14 days).

  • Adding a Roommate: You can add roommates as long as you do not exceed state/local occupancy limits. The landlord cannot unreasonably deny the request, but they can petition for a rent increase of up to 5% for each new adult who is not an immediate family member.

Peregrine Legal Group, PC, represents tenants throughout Oakland. Contact us to schedule a consultation.


Oakland rent control website: https://www.oaklandca.gov/Community/Housing-Programs-Support/For-Landlords/Allowable-Rent-Increases/Learn-More-About-Allowable-Rent-Increases

Disclaimer: This information is for general knowledge only and is not legal advice. For specific legal issues, you should consult with a qualified attorney or contact the Pasadena Rent Stabilization Department.